Exploring Business Bankruptcy Laws

May 2nd, 2014 | By | Category: Debt

More and more businesses have been filing for bankruptcy with the manner in which the economy has been. These aren’t all the big names heard on the news but thousands of small and medium companies have been filing as well. It is generally the last option for a struggling concern and one that isn’t taken lightly. The process and proceedings may be stressful and overwhelming for the company owner. This is why it is of the utmost importance that business owners who’re considering bankruptcy find a qualified and seasoned attorney who has handled hundreds of cases.

A business bankruptcy lawyer can be the business owner’s closest friend in these proceedings. Not that he or she is here to hold hands and make everyone feel better. This professional knows all business bankruptcy laws as they pertain to each chapter and understands every detail down to the letter in the development of the filing. For example, a company can be seen a ‘small business debtor’ that owes nothing more than $2, 490, 925 in total claims-excluding any money that is due to family members or other insiders. One of the benefits in a little business case is that the tribunal can order that no creditors’ committee be appointed.

How Can This Be?

This business bankruptcy lawyer will first go over all the assets and debts of the business. He will sit here and talk with the owner about the company in general and the way it got to the place where it is today. There may be options the business owner hadn’t considered and actually didn’t know existed. No stone will be left unturned and prior to the end of the process the attorney will know the client’s business as well as the client.

Miami Business Bankruptcyis a legal proceeding by which person can petition at the court and declares his incapacity, by any means to pay back their debts. A team of Miami Business Bankruptcywill be able to provide you the best alternative to overcome from the bad circumstances. Many companies also face the financial crisis so that bankruptcy helps them to out from the problem. Bankruptcy comes under the chapter 11. This permits reorganization under the bankruptcy laws of the organization state. Business owner it is sometimes difficult to distinguish where one’s business life stops and problem linked to the finance starts. Bankruptcy of a small company can often mean that the people involved in the business may be required to declare bankruptcy as well.

QUESTION: Business Bankruptcy?
The two most common types of bankruptcy filed by business are a reorganization bankruptcy and a liquidating bankruptcy. True/False

  • there is only a chapter 11 bankruptcy for businesses and it's a reorganization. Reorganization is a liquidation of some things and then a repayment schedule and they start the business again. The ones for individuals (say your business was a sole proprietorship) are a Chapter 7 (a clearing off of all debt, however a few years ago a law went into effect that a Chapter 7 would have to first try to consolidate thru a Chapter 13 or before that a consolidation thru Credability. Then if those can't be accomplished then the judge will allow a chapter 7. Chapter 13 is a repayment of all the bills that the individual has but are paid back in part over a certain amount of years.

  • True. Chapter 7 and 13 if I am not mistaken.


  • Miami Business Bankruptcyis acclaimed have the experience with the these cases doesn’t matter you have small and large bankruptcy cases involving big time company to smaller everyday civilian cases. Chapter 13 bankruptcy, Is likewise called the wage earners plan, This chapter 13 is for those who’ve a stable ongoing income and can pay their debts between the given times of period. They are searching for a plan that all their creditors can agree on and for protection against the creditors. Chapter 13is used by individuals and also by small businesses where it is difficult to separate business from the personal interest.

    On This Topic Of Business Bankruptcy Laws

    It takes a long time to finish law school and an ever bigger challenge to pass the bar examination. Corporate bankruptcies are only one of numerous specialties. An individual needing back surgery wouldn’t visit a dermatologist. After all, they’re both physicians. They both attended med school.

    A business owner who believes he may be required to seek bankruptcy protection wouldn’t seek counsel from an attorney who handles personal injuries, DUI’s or divorces. Yes, they all passed the bar exam in their states, but the laws that govern business bankruptcy are complex and intricate. Only a seasoned business bankruptcy lawyer will know these laws by heart because he deals with them day in and day out. He will know what assets a sole proprietor may be in a position to retain in comparison with a corporation. He will be well-versed in the regulations that state whether or not a corporate officer’s personal property can be held as an integral part of the judgment.

    An experienced business bankruptcy lawyer can provide a business owner great peace of mind. He can get the creditors from calling hour after hour, day after day. He can offer sound advice on which way to handle each individual case. Each client is different and each case is unique.

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